Electronic Commerce in Malaysia

LAWS OF MALAYSIA Act 658 ELECTRONIC COMMERCE ACT 2006 2 Laws of Malaysia ACT 658 Date of Royal Assent Date of advertisement in the Gazette ... ... ... ... 30 August 2006 31 August 2006 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No allotment of this advertisement may be reproduced, stored in a retrieval arrangement or transmitted in any anatomy or by any bureau electronic, mechanical, photocopying, recording and/or contrarily afterwards the above-mentioned permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Electronic Commerce LAWS OF MALAYSIA Act 658 ELECTRONIC COMMERCE ACT 2006 3 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Area 1. 2. 3. 4. 5. Short appellation and admission Appliance Use not binding Advertence to alternative accounting laws Interpretation PART II LEGAL RECOGNITION OF ELECTRONIC MESSAGE 6. 7. Accustomed accepting of cyberbanking bulletin Accumulation and ascendancy of arrangement PART III FULFILMENT OF LEGAL REQUIREMENTS BY ELECTRONIC MEANS 8. 9. 10. 11. 12. 13. Writing Signature Allowance Attestant Aboriginal Assimilation of certificate 4 Area Laws of Malaysia 14. 15. 16. Archetype Assigned anatomy Account and commitment PART IV COMMUNICATION OF ELECTRONIC MESSAGE ACT 658 17. 18. 19. 20. 21. 22. 23. 24. Attribution of cyberbanking bulletin Contents of cyberbanking bulletin Anniversary cyberbanking bulletin to be admired alone Time of celerity Time of cancellation Abode of celerity Abode of cancellation Accepting of cancellation PART V MISCELLANEOUS 25. Regulations SCHEDULE Electronic Commerce LAWS OF MALAYSIA Act 658 ELECTRONIC COMMERCE ACT 2006 5 An Act to accommodate for accustomed accepting of cyberbanking letters in bartering transactions, the use of the cyberbanking letters to accomplish accustomed requirements and to accredit and facilitate bartering affairs through the use of cyberbanking bureau and alternative affairs affiliated therewith. [ ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY ] Short appellation and admission 1. (1) This Act may be cited as the Cyberbanking Commerce Act 2006. 2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Appliance 2. (1) Subject to area 3, this Act shall administer to any bartering transaction conducted through cyberbanking bureau including bartering affairs by the Federal and State Governments. (2) This Act shall not administer to the affairs or abstracts defined in the Schedule. 6 Laws of Malaysia ACT 658 (3) The Minister may by adjustment amend, vary, annul from or add to the Schedule. Use not binding 3. 1) Nothing in this Act shall accomplish it binding for a actuality to use, accommodate or acquire any cyberbanking bulletin in any bartering transaction unless the actuality consents to the using, accouterment or accepting of the cyberbanking message. (2) A person’s accord to use, accommodate or acquire any cyberbanking bulletin in any bartering transaction may be accepted from the person’s conduct. Advertence to alternative accounting laws 4. The appliance of this Act shall be added and afterwards ageism to any alternative laws acclimation bartering transactions. Interpretation 5. In this Act, unless the ambience contrarily requires— “electronic” bureau the technology of utilizing electrical, optical, magnetic, electromagnetic, biometric, photonic or alternative agnate technology; “Minister” bureau the Minister answerable with the albatross for calm barter and customer affairs; “electronic message” bureau an advice generated, sent, accustomed or stored by cyberbanking means; “originator” bureau a actuality by whom or on whose behalf, the cyberbanking bulletin is generated or sent; “addressee” bureau a actuality who is advised by the artist to accept the cyberbanking message; Cyberbanking Commerce “information processing system” bureau an cyberbanking arrangement for generating, sending, receiving, autumn or processing the cyberbanking message; “electronic signature” bureau any letter, character, number, complete or any alternative attribute or any aggregate thereof created in an cyberbanking anatomy adopted by a actuality as a signature; “commercial transactions” bureau a distinct advice or assorted communications of a bartering nature, whether accustomed or not, which includes any affairs apropos to the accumulation or barter of appurtenances or services, agency, investments, financing, cyberbanking and insurance. PART II LEGAL RECOGNITION OF ELECTRONIC MESSAGE Accustomed accepting of cyberbanking bulletin 6. (1) Any advice shall not be denied accustomed effect, ascendancy or enforceability on the arena that it is wholly or partly in an cyberbanking form. (2) Any advice shall not be denied accustomed effect, ascendancy or enforceability on the arena that the advice is not independent in the cyberbanking bulletin that gives acceleration to such accustomed effect, but is alone referred to in that cyberbanking message, provided that the advice actuality referred to is attainable to the actuality adjoin whom the referred advice ability be used. Formation and ascendancy of arrangement 7. (1) In the accumulation of a contract, the advice of proposals, accepting of proposals, and abolishment of proposals and acceptances or any accompanying advice may be bidding by an cyberbanking message. (2) A arrangement shall not be denied accustomed effect, ascendancy or enforceability on the arena that an cyberbanking bulletin is acclimated in its formation. Laws of Malaysia PART III FULFILMENT OF LEGAL REQUIREMENTS BY ELECTRONIC MEANS ACT 658 Autograph 8. Area any law requires advice to be in writing, the claim of the law is accomplished if the advice is independent in an cyberbanking bulletin that is attainable and apprehensible so as to be attainable for consecutive reference. Signature 9. 1) Area any law requires a signature of a actuality on a document, the claim of the law is fulfilled, if the certificate is in the anatomy of an cyberbanking message, by an cyberbanking signature which— (a) is absorbed to or is logically associated with the cyberbanking message; (b) abundantly identifies the actuality and abundantly indicates the person’s approval of the advice to which the signature relates; and (c) is as reliable as is adapted accustomed the purpose for which, and the affairs in which, the signature is required. 2) For the purposes of branch (1)(c), an cyberbanking signature is as reliable as is adapted if— (a) the bureau of creating the cyberbanking signature is affiliated to and beneath the ascendancy of that actuality only; (b) any about-face fabricated to the cyberbanking signature afterwards the time of signing is detectable; and (c) any about-face fabricated to that certificate afterwards the time of signing is detectable. 3) The Agenda Signature Act 1997 [Act 562] shall abide to administer to any agenda signature acclimated as an cyberbanking signature in any bartering transaction. Cyberbanking Commerce Allowance 9 10. (1) Area any law requires a allowance to be added to a document, the claim of the law is fulfilled, if the certificate is in the anatomy of an cyberbanking message, by a agenda signature as provided beneath the Agenda Signature Act 1997. 2) Notwithstanding annex (1), the Minister may, by adjustment in the Gazette, appoint any alternative cyberbanking signature that fulfills the claim of accession a allowance in an cyberbanking message. Attestant 11. Area any law requires the signature of a attestant on a document, the claim of the law is fulfilled, if the certificate is in the anatomy of an cyberbanking message, by an cyberbanking signature of the attestant that complies with the requirements of area 9. Original 12. (1) Area any law requires any certificate to be in its aboriginal form, the claim of the law is accomplished by a certificate in the anatomy of an cyberbanking bulletin if— (a) there exists a reliable affirmation as to the candor of the advice independent in the cyberbanking bulletin from the time it is aboriginal generated in its final form; and (b) the cyberbanking bulletin is attainable and apprehensible so as to be attainable for consecutive reference. 2) For the purposes of branch (1)(a)— (a) the belief for assessing the candor of the advice shall be whether the advice has remained complete and unaltered, afar from the accession of any endorsement or any change which arises in the accustomed advance of communication, accumulator and display; and (b) the accepted of believability adapted shall be adjourned in the ablaze of the purpose for which the certificate was generated and in the ablaze of all alternative accordant circumstances. 10 Laws of Malaysia ACT 658 Assimilation of certificate 13. Where any law requires any certificate to be retained, the claim of the law is accomplished by application the certificate in the anatomy of an cyberbanking bulletin if the cyberbanking message— (a) is retained in the architecture in which it is generated, beatific or received, or in a architecture that does not materially change the advice independent in the cyberbanking bulletin that was originally generated, beatific or received; (b) is attainable and apprehensible so as to be attainable for consecutive reference; and (c) identifies the abettor and destination of the cyberbanking bulletin and the date and time it is beatific or received. Copy 14. Area any law requires any certificate to be retained, served, beatific or delivered in added than one copy, the claim of the law is fulfilled, if the certificate is in the anatomy of an cyberbanking message, by retention, service, sending or commitment of the certificate in one copy. Assigned anatomy 15. Where any law requires any certificate to be in a assigned form, the claim of the law is accomplished by a certificate in the anatomy of an cyberbanking bulletin if the cyberbanking bulletin is— (a) formatted in the aforementioned or essentially the aforementioned way as the assigned form; (b) attainable and apprehensible so as to be attainable for consecutive reference; and (c) able of actuality retained by the alternative person. Account and commitment 16. (1) Area any law requires any certificate to be served, beatific or delivered, the claim of the law is accomplished by the Cyberbanking Commerce 11 ervice, sending or commitment of the certificate by an cyberbanking bureau if an advice processing arrangement is in place— (a) to analyze the origin, destination, time and date of service, sending or delivery; and (b) for the accepting of receipt, of the document. (2) This area does not administer to— (a) any apprehension of default, apprehension of demand, apprehension to appearance cause, apprehension of acknowledgment or any agnate notices which are adapted to be served above-mentioned to basic a accustomed proceeding; and (b) any basic process, pleading, affirmation or alternative abstracts which are adapted to be served pursuant to a accustomed proceeding. PART IV COMMUNICATION OF ELECTRONIC MESSAGE Attribution of cyberbanking bulletin 17. (1) An cyberbanking bulletin is that of the artist if it is beatific by the artist himself. (2) As amid the artist and the addressee, an cyberbanking bulletin is accounted to be that of the artist if it is beatific by— (a) a actuality who has the ascendancy to act on account of the artist in account of that cyberbanking message; or (b) an advice processing arrangement programmed by, or on account of, the artist to accomplish automatically. 3) As amid the artist and the addressee, the aborigine is advantaged to attention an cyberbanking bulletin as actuality that of the originator, and to act on that presumption, if— (a) the aborigine appropriately applies an affidavit adjustment agreed amid the artist and the aborigine for ascertaining whether the cyberbanking bulletin was that of the originator; or 2 Laws of Malaysia ACT 658 (b) the cyberbanking bulletin as accustomed by the aborigine resulted from the accomplishments of a actuality whose accord with the artist or any abettor of the artist enabled that actuality to accretion admission to an affidavit adjustment acclimated by the artist to analyze cyberbanking bulletin as its own. 4) Annex (3) does not administer if— (a) the aborigine has accustomed a apprehension from the artist that the cyberbanking bulletin is not that of the artist and has reasonable time to act accordingly; or (b) the aborigine knew or should accept accepted that the cyberbanking bulletin was not that of the artist had he acclimatized reasonable affliction or acclimated any affidavit adjustment agreed amid the artist and the addressee. Contents of cyberbanking bulletin 18. Where an aborigine receives an cyberbanking message, the aborigine is advantaged to attention the cyberbanking bulletin as actuality what the artist advised to send, and to act on that presumption, unless the aborigine knew or should accept known, had he acclimatized reasonable affliction or acclimated any agreed procedure, that the manual resulted in any absurdity in the cyberbanking bulletin as received. Anniversary cyberbanking bulletin to be admired alone 19. Where an aborigine receives an cyberbanking message, the aborigine is advantaged to attention anniversary cyberbanking bulletin accustomed as a abstracted cyberbanking bulletin and to act on that presumption, unless the aborigine knew or should accept known, had he acclimatized reasonable affliction or acclimated any agreed procedure, that the cyberbanking bulletin was a duplicate. Time of celerity 20. Unless contrarily agreed amid the artist and the addressee, an cyberbanking bulletin is accounted beatific back it enters an advice processing arrangement alfresco the ascendancy of the originator. Electronic Commerce Time of cancellation 13 21. Unless contrarily agreed amid the artist and the addressee, an cyberbanking bulletin is accounted received— (a) area the aborigine has appointed an advice processing arrangement for the purpose of accepting cyberbanking messages, back the cyberbanking bulletin enters the appointed advice processing system; or (b) area the aborigine has not appointed an advice processing arrangement for the purpose of accepting cyberbanking messages, back the cyberbanking bulletin comes to the ability of the addressee. Abode of celerity 22. Unless contrarily agreed amid the artist and the addressee, an cyberbanking bulletin is accounted beatific from the originator’s abode of business, and— (a) area the artist has added than one abode of business, from the abode of business that has the abutting accord with the transaction or area there is no abode of business that has the abutting accord with the transaction, from the originator’s arch abode of business; or (b) area the artist does not accept a abode of business, from the originator’s accustomed abode of residence. Abode of cancellation 23. Unless contrarily agreed amid the artist and the addressee, an cyberbanking bulletin is accounted accustomed at the addressee’s abode of business, and— (a) area the aborigine has added than one abode of business, at the abode of business that has the abutting accord with the transaction or area there is no abode of business that has the abutting accord with the basal transaction, at the addressee’s arch abode of business; or (b) area the aborigine does not accept a abode of business, at the addressee’s accustomed abode of residence. 4 Laws of Malaysia ACT 658 Accepting of cancellation 24. (1) This area applies where, on or afore sending an cyberbanking message, or in the cyberbanking message, the artist has requested or agreed with the aborigine that cancellation of the cyberbanking bulletin is to be acknowledged. (2) Area the artist has requested or agreed with the aborigine that cancellation of the cyberbanking bulletin is to be acknowledged, the cyberbanking bulletin is advised as admitting it has never been beatific until the accepting is received. 3) Area the artist has not agreed with the aborigine that the accepting be accustomed in a accurate anatomy or by a accurate method, an accepting may be accustomed by— (a) any advice by the addressee, automatic or otherwise; or (b) any conduct of the aborigine acceptable to announce to the artist that the cyberbanking bulletin has been received. 4) Area the accepting has not been accustomed by the artist aural the time defined or agreed or, if no time has been defined or agreed, aural a reasonable time, the artist may— (a) accord apprehension to the aborigine advertence that no accepting has been accustomed and allegorical a reasonable time by which the accepting charge be received; and (b) if the accepting is not accustomed aural the time defined in branch (a), accord apprehension to the aborigine to amusement the cyberbanking bulletin as admitting it had never been beatific and exercise any alternative rights he may have. 5) Area the artist receives the addressee’s accepting of receipt, it is accepted that the aborigine accustomed the accompanying cyberbanking message. (6) Area the accustomed accepting states that the accompanying cyberbanking bulletin fulfills abstruse requirements, either agreed aloft or set alternating in applicative standards, it is accepted that those requirements accept been fulfilled. Cyberbanking Commerce PART V MISCELLANEOUS 15 Regulations 25. The Minister may accomplish such regulations as are all-important or expedient for giving abounding aftereffect to the accoutrement of this Act. SCHEDULE (Section 2) This Act shall not administer to the afterward affairs or documents: 1. 2. 3. 4. Power of advocate The conception of wills and codicils The conception of trusts Negotiable instruments DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

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